HomeMy WebLinkAboutCC AG PKT 2007-05-14 #J
e AGENDA REPORT
DATE: May 14, 2007
TO: Honorable Mayor and City Council
THRU: Greg Beaubien, Interim - City Manager
FROM: Jeff Kirkpatrick - Chief of Police
SUBJECT: AMENDMENT TO JOINT POWERS AUTHORITY
AGREEMENT- INTEGRATED LAW AND JUSTICE
AGENCY FOR ORANGE COUNTY
SUMMARY OF REOUEST:
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Staff requests the City Council adopt Resolution No. and authorize the City
Manager to execute amendments to the Agreement from time to time as necessary for the
continued operation of the Agency as recommended by the Chief of Police, approved by
the City Attorney, and determined to be non-substantive in nature.
BACKGROUND:
On February 27, 2006, the Seal Beach City Council on behalf of the City was one of the
cities in the County to adopt the proposed Joint Powers Authority Agreement to form the
Integrated Law and Justice Agency for Orange County (ILJAOC). Although numerous
City Attorneys had reviewed the proposed Agreemcnt prior to final distribution, turnover
in that representation caused additional review of the proposed language to occur after
several of the cities passed the JPA Agreement. As a result, it now requires all of us who
were signatories to the original Agreement to return to the City Council and seek
approval of an amended document. As you might expect, the effort 10 reach concurrence
between over a dozen different City Attorneys regarding appropriate language in such an
Agreement was challenging.
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Because of those challenges, the amended Resolution, if approved, will provide
continuing authorization to the City Manager to execute amendments to the Agreement
from time to time as necessary for the continued operation of the Agency as
recommended by thc Chicf of Police and approved by the City Attorney and determined
to be non-substantive in nature. The ILJAOC anticipated this particular amendment after
formation of the Agency because of language proposed by one of the City Attorneys and
the General Counsel of the State Courts, resulting in a negotiated agreement to modify
the "governance language within a certain timeframe, which is now upon us. That
requirement was stipulated to as part of Council approval in several cities represented by
AGENDA ITEM 1/
that particular contract City Attorney's Office. Since the original adoption by all the
cities and the Court, this particular amendment also reflects the addition of another
member of the JPA - the University of California (police Department) at Irvine. All of
the language changes have already been determined to be non-substantive in nature by
our own City Attorney's Office and by the JPA Legal Counsel. A redline version of the
JPA document showing the changes is available for review in the Office of the City
Clerk.
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In summary, the Agency is performing as anticipated and the requested modifications
have been anticipated.
FISCAL IMPACT:
No increases.
RECOMMENDATION:
1. Approve Resolution No. which amends Council Resolution #5437
(2-27-06), which authorized the City of Seal Beach to participate in the Integrated
Law and Justice Agency for Orange County (IUAOC) and authorized the Mayor
to execute the Amended Joint Powers Agreement (JPA).
2. Authorize the City Manager and Police Chief to execute any related documents
consistent with the implementation of this Agreement and grant continuing
authority to the City Manager to execute anticipated amendments to the JPA as
recommended by the Chief of Police and approved by the City Attorney and
determined to be non-substantive in nature.
3. Ratify the COPLINK System Use Policy, specifically authorizing the Chief of
Police to execute the document and any amendments on behalf of the City.
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Approve the amended JPA Agreement and enabling Resolution in order to provide for
the continuing successful operation of the Agency.
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NOTED AND APPROVED:
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iAgen~ Item ....J
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RESOLUTION NUMBER_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH APPROVING AN AMENDMENT TO
THE JOINT POWERS AGREEMENT FOR THE
INTEGRATED LAW AND JUSTICE AGENCY FOR
ORANGE COUNTY
WHEREAS. tho City of Soal Boach dosi.... to cooporato with other public agonci.. to
oxorciso somo or all of thoir powors to ..tablish, operate, and maintain tho Intogratod Law
and Justice Agency for Orango County C'lLJAOC"l, consistent with tho Joint Powm
Ag=mont ("lPA'') revision datod Docombor 6, 2006; and
WHEREAS, tho City of Soal Boach hIS and pes...... tho power and authority to finanoo,
organize, panicipato, and ostablish a puhlic agency to facilitato tho intogralion and sharing of
criminal justice infonnstion for tho henefit of tho lands and mhabitanoo within their
....pectivo boundari..; and
WHEREAS, tho City of Soal Boach and other public agonci.. propose to join together to
..tablish, operme and maintain a public agoncy for tho henofit of their ....poctivo lands and
inl1abitanoo; and
WHEREAS, it is in tho public intoroat to provido a moans by which other public agonei..
may request soMC" for tho benefit of their landa and ,nI1ab1tanoo; and
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WHEREAS, tho City of S..I Boach hIS tho authority to finance, organize, and participate
in a public agency such IS tho C'll.TAOC'') pUl1luant to California Oovommont Codo Soction
6500 ot seq.
NOW, THEREFORE, BE IT RESOLVED that tho City Council of tho City of Soal
Boach, Califonna, pUl1luant to this authority, heroby adopts and approvos tho C'lPA") for
("ll.TAOC''), O1tachod IS Exhibit 2 and incotporatod by this ",fotonce.
BE IT FURTHER RESOLVED that tho City Manager is hereby authorizod to talto tho
n.....ary stops consistent with tho ("lPA") for tho ("ll.TAOC'') to malto tho organization
and continuod operation of tho C'JPA") for tho ("ll.TAOC''). Tho City Council also
authorizos tho City Manager to oxocuto subsoquont amendments to this Joint Powm
Authority Agroomont IS rocommondocl by tho Chief of Polioo and approvod by tho City
Attorney and determined to be non-substantive in nBtUR.
This Resolution shall be offoctjyO upon adoption oxcept for any agroomonlB, contracts,
plans and specification, submittod to tho City prior to tho dato of adoption.
PASSED, APPROVED AND ADOPTED by tho City Council of Soal Boach, at a
meeting horoof hold on tho 14th day of May ,2007 by tho following yoto:
AYES: COUNCILMBMBERS
NOES: COUNCILMBMBERS
ABSENT: COUNCILMBMBERS
ABSTAIN: COUNCll.MEMBERS
Mayor
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A TI'EST:
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City Clerk
STATE OF CALIFORNIA I
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH I
!, Unda Devine, City Clerk for the City of Seal Beach, California, do h....by certify that
the foregoing resolutions is the original copy of Reaolution Number_ on file in the
office of the City Clerk, possed, approYed and adopted by the City.Council of the City of
Seal Beach at a regular mooting h....,f held on the ---14!!L day of May ,2007.
City Clerk
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RMS I CMS Information Sharing
COPLINK System Use Policy
10/4/2005
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I. OVERVIEW OF THIS POUCy
a. Backaround: The goal of the RMS/CMS Information Sharing Project is to
enhance the effectiveness of law and justice agencies by increasing
information sharing related to crimInal activities. The Orange County
Integrated Law and Justice (OCIW) agencies have assisted in the design and
implementation of a method of sharing law and justice Information that
permits the electronic access to information maintained by those agencies.
The implementation of the COPLlNK System serves as a solution to the
problems of inaccessible or irretrievable information as a result of disparate
information systems that lack a common platform and the difficulty In sharing
data across jurisdictional boundaries.
b. Intended Benefits: By facilitating the sharing of public safety information with
law and justice partners, OCILJ agencies can improve their responses to
community crime and enhance overall investigative capacity. The COPLlNK
System provides sophisticated analytical tools that will enable authorized
users to discover links and relationships by providing consolidated data
across Orange County. This may allow them to solve previously .unsolvable"
incidents and investigate serial criminal activity.
c. Puroose of Policv: The purpose of the COPLlNK System Use Policy is to
outline conditions under which the OCIW agencies will share and use
information in the COPLINK System. By signing this policy, all COPLlNK
System agencies, as well as all individuals who operate or use the COPLlNK
System, agree to adhere to the guidelines specified in this policy and support
the public benefit derived from the electronic sharing of public safety
information.
d. Aaencv Particioation: The COPLlNK System is a cooperative venture of the
justice agencies in Orange County, Califomla. Agencies can apply to
participate through the OCILJ Steering Committee by submitting a proposal
that outlines their intended use of the System. the type of data they intend to
contribute and any other information requested by OCIW. A two-thirds
majority vote of approval of the Steering Committee is required to approve an
agency's participation in the System. Once approved, the agency will
proactively cooperate with OCIW. the other participating agencies. and any
contractors working to implement and manage the system to obtain the
cooperation of their own System vendors and or maintenance contractors to
facilitate:
1. Network access and connectivity
2. Data extracts for engineering and testing purposes
3. Production extracts
4. Required modifications to their source systems
5. Regular data updates as agreed to during the design process
6. Timely review and approval of design documents and test results
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II.
e. Aaencv Withdrawal: An agency may withdraw their participation in COPLlNK
at any time by providing written notice to OCILJ that they wish to withdraw
their participation. In the event that the agency wishes their data withdrawn
from the COPLlNK repository as part of the termination of their participation,
the withdrawing agency is responsible for contacting the maintenance vendor
(currently Knowledge Computing Corporation) and requesting the data
removal. The withdrawing agency is responsible for the cost associated with
the removal of their data from the repository.
AUTHORIZED RELEASE 01' INFORMATION
a. Sharina of Information: Each participating agency authorizes the release of
information residing In their records management system to all users of the
COPLlNK System as permitted by law. It Is the responsibility of each agency
to specify which data points to share and any other special requirements.
Agencies will participate in several testing sessions, where they will validate
and ensure that theIr information is accurately reflected in the new System.
1. Califomia law prohibits the release of victim information in specific sex
related crimes to unauthorized users.
b. Limitation on Information Sharina: Information contributed by each agency
shall only be shared with or released to those agencies that have entered into
this Agreement. Only authorized agency employees that have an approved
login and password, will be allowed to access or use information in the
COPLtNK System. All queries must only be made by such users.
c. Liabilitv: Knowledge Computing Corporation and each agency is solely
responsible and liable for any damages, losses, claims, judgments, and
expenses resulting from injury to any person or damage to any properties,
which arise out of its own employee's performance and use of the System
under this Agreement.
d. Indemnification: Knowledge Computing Corporation, the COPLtNK
maintenance vendor, and each User Agency that accesses information
through the COPLlNK System shall indemnify, defend, and hold harmless the
other User Agencies, their County or Cities, City Councils, Board of
Supervisors and other elected officials, boards and commissions, officers,
agents, and employees (collectlvely, the "Indemnified Parties) from and
against any and a1l claims (including, without limitation, claims for bodily
injury, death, or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs, and expenses (including, without limitation, attomey's fees,
disbursements, and court costs) of every kind and nature whatsoever
(individually, a Claim; cOllectlvely, "Claims"), which may arise from the
improper use or release of information obtained through the COPLlNK
System by the Knowledge Computing Corporation or accessing User Agency,
including as a result of the negligent and/or willful acts, errors, and/or
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RMS / CMS Information Sharing
Scope Change Request Form
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omissions of Knowledge Computing Corporation, or the User Agency, its
principals, officers, agents, employees, elected officials, and anyone
employed directly or indirectly by them or for whose acts they may be liable.
Notwithstanding the foregoing, nothing herein shall be construed to require
Knowledge Computing Corporation or the accessing User Agency to
indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this
Indemnity shall be construed as authorizing any award of attorney's fees in
any action on or to enforce the terms of this Agreement. This Indemnity shall
apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by Knowledge Computing Corporation or the
User Agency.
e. Internal Audit: Each Agency's System Administrator shall conduct an Internal
audit on a periodic basis to ensure Information is reasonably up to date and
user queries are made for legitimate law enforcement purposes.
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III. INFORMATION OWNERSHIP
a. OwnershiQ: Individual agencies retain control of all of information they
provide through the System at all times. Each agency is responsible for
creating, updating, and deleting records in its own records management
system or database, according to its own policies. The originating agency is
solely responsible for the completeness and accuracy of its source data.
b. Unauthorized Raauests: Any request for access to Information hosted in the
COPlINK System that is not authorized for viewing will be referred to the
agency that owns th~ information being requested. Except as required by
law, information shall not be released or made available to any unauthorized
requestor without the approval of the agency having ownership of the original
source data.
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IV. UNDERSTANDING ON ACCURACY OF INFORMATION
a. Accuracv of Information: Agencies agree that the data maintained in the
COPLlNK System consists of information assumed to be accurate. However,
data inaccuracies can arise for multiple reasons (e.g., entry errors,
misinterpretation, outdated data, etc). It is the responsibility of the agency
requesting or using the data to confirm the accuracy of the information with
the owning agency before taking any enforcement-related action. .
b. Timeliness of Information: As a part of the System design process, each
agency determines the frequency with which their data will be refreshed in
COPlINK. In addition, agencies have their own policies and speed at which
incidents are recorded in their records management systems. Since changes
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Scope Change Request Form
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or additions to data do not get updated in COPLlNK on a real-time basis,
agencies recognize that information may not always be timely and relevant. It
is the responsibility of the agency requesting the data to confirm the
timeliness and relevance of the information with the owning agency.
Additionally, a data refresh schedule will be published by the System
Administrator to enable a user to determine the potential timeliness of each
agency's data.
c. Hold Harmless: To the extent permitted by law, agencies agree to hold
information owners harmless for any information which is in the COPLlNK
repository, or any action taken as a result of that data, regardless of whether
the data is accurate or not, or any time delay associated with changes,
additions, or deletions to the information contributed.
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V. USER AcCESS
a. Loain Aoolication Process: Each user agency shall appoint their own agency-
specific System Administrator who is responsible for management of user
accounts at that agency. An overall Network System Administrator will also
be appointed. The user may submit a request for a login and password to
their Agency System Administrator. The agency agrees that all users shall be
current employees and be authorized to review criminal history data for
legitimate purposes. The Agency System Administrator may deny or revoke _
individual access in their sole discretion. .,
b. Loain Assianment: Each individual user will be issued a user login and a
default password by their Agency System Administrator. Upon logging into
COPLlNK for the first time, each user will change the default password to
another password. Users may also be assigned to groups that have different
access rights to the information in the system based on the level of restriction
of the information.
c. Provision of Policv: The Agency System Administrator must provide a copy of
the terms and conditions of this policy to all users when they are issued a
login 10 for the system.
d. Limitations on Use of Loains: Each user must comply with the System Use
Policy guidelines. A user may not access COPLlNK by using a name or
password that was assigned to another user. A user cannot give his or her
password to another person, including another user, to access the system.
e. Audit Trail: Each transaction on COPLlNK is logged and an audit trail
created, which Is resident on the System for a minimum of three years.
Requests for transaction logs shall be made in writing through the requestor's
chain-of-command to their Agency System Administrator.
f. Termination of Loains: Participating agencies will be responsible (through
their Agency System Administrator) for timely removal of any login accounts
as users leave the agency or as they fail to meet the requirements for access _
to the System. .,
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VI. INTENDED USE OF THE SYSTEM
a. Intended Use: Each user agrees that the use of the COPLlNK System, the
information contained in it, and the networking resources provided are for
reasons related to the mission of the OCIU agencies. Users acknowledge
that the information hosted in the COPLlNK System will be shared and used
for authorized purposes only as permitted by law. No user can use or share
the information for any unethical, Illegal, or criminal purpose.
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VII. UNDERSTANDING ON CONFIDENTIALITY OF INFORMATION
a. Information Confidentiality: Each user agrees that information in the
COPLlNK System is confidential and is not subject to public disclosure,
except as required by law. Only agency employees that have an
authenticated login and password are allowed to view and use the
information. The information will otherwise be kept confidential.
b. Intemal Reauests for Information: A COPLlNK System user who receives a
request from a non-authorized requestor for information in the COPLlNK
System (of which they are not the originating source) shall not release that
information, but may refer the requester to the agency that is the source. A
COPLlNK System user who receives a court order to release information in
the COPLI NK System will immediately provide a copy of the court order to the
owner/source agency that originally provided the information and to his/her
own Agency System Administrator. The owner/source agency is responsible
for preparing a timely response to the court order or, in the event of a failure
to respond, allows the receiving agency to respond as necessary to comply
with the order. Any challenge or objection to the order is the responsibility of
the owner/source agency.
c. Confidential Records: An agency that does not want data made available
from its records management system to any COPLlNK user is responsible for
ensuring that the data is not included In a data transfer to the COPLlNK
System. An agency that only wants data from its records management
system to be made available to a select group of COPLlNK users is
responsible for placing the appropriate restriction indicator on the underlying
data In the agency's internal records management system or database.
d. Removal or EXDunaement of Record~: As part of the design of an agency's
data updates, the period at which a record deletion. removal expungement or
other edit is transferred to the repository from the source system will be
defined. If an agency requires a record edited, removed, or otherwise
changed in a more timely manner, they are responsible for contacting the
maintenance contractor (currently Knowledge Computing Corporation)
directly and arranging for such a change to be manually processed to their
data.
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RMS I CMS Information Sharing
Scope Change Request Form
10/4/2005
VIII. SYSTEM AcCESS
a. Network Access: Access to other member agencies' information will be
provided utilizing a virtual private network maintained by the City of Santa
Ana or any other secure network configuration that is mutually acceptable to
the member agencies.
b. Svstem Availabilitv: The Information residing in the COPLlNK System shall
be available on a 24-hour a day, 7 days a week basis with downtime limited to
those hours required for any necessary System maintenance activities.
Agencies agree to inform each other in advance, whenever possible, of
scheduled System downtimes. For policies related to the network, service
levels, and security, please refer to the Service Level Agreement document.
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IX. POLICY TERMS
a. Term: The term of this polley will commence on the date that it is adopted by
the first OCILJ agency.
b. Chances to Policv: After implementing the COPLlNK System with Phase 1
agencies, it is anticipated that the System will also be implemented across the
other Phase 2 agencies. New agency members may be added to this policy
by signing an amended copy of the agreement and accepting its conditions
and obtaining an approval for their membership by a majority of the OCILJ _
Steering Committee. Based on ongoing monitoring of the System. agencies _
may propose other changes to this policy. Such proposals require the
approval of a two-thirds majority of the participating agencies and the OCILJ
Steering Committee.
c. SuDol em ental Policies: All participating agencies that operate their own
computers or networks may add individual guidelines which supplement. but
do not relax. this policy.
d. Sanctions for Non-Comoliance: If any agency violates the guidelines of this
policy with regard to accessing. sharing, or using information, that agency
may be disconnected from the COPLlNK System. The offending agency will
be provided with a 60 day written notice of the violation and the opportunity to
correct the violation. Failure to meet the guidelines will result in the
termination of System access for the offending agency. All disputes
concerning access shall be determined by a two-thirds majority vote of the
OCILJ Steering Committee.
X. SIGN-OFF ON EXECUTION OF POUCy
By signing this agreement, all representatives and their participating agencies
contributing or using information from this System agree to Implement and adhere to the
provi~ions as outlined.
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RMS I CMS Information Sharing
Scope Change Request Form
10/4/2005
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RMS I eMS Information Sharing
Scope Change Request Form
10/4/2005
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RMS / CMS InformatIon Sharing
COPI.INK System Use Policy
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e JOINT POWERS AGREEMENT
FOR
INTEGRATED LAW & JUSTICE AGENCY FOR ORANGE COUNTY
(ILJAOC)
This Agreement is made and entered into by and between the listed cities,
other entities. and County of Orange collectively referred to as "Member Agencies."
This Agreement is dated Mav 14th , 2007 for reference purposes.
Member Agencies
Anaheim Fullerton Laguna Beach Seal Beach
Brea Garden Grove Los Alamitos Superior Court of CA,
e County of Orange
Buena Park Huntington Beach Newport Beach Tustin
Costa Mesa Irvine Orange Westminster
Cypress La Habra Placentia University of CA. Irvine
Police Department
Fountain Valley La Palma Santa Ana
RECITALS
WHEREAS, the Member Agencies have and possess the power and
authorization to finance, organize. and establish a public agency to facilitate the
integration and sharing of criminal justice information for the benefit of the lands
and inhabitants within their respective boundaries; and
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WHEREAS, the Member Agencies propose to join together to establish,
operate, and maintain an agency for the benefit of their respective lands and
inhabitants; and
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WHEREAS, it is in the public interest to provide a means by which other
public agencies may request services for the benefit of their lands and inhabitants.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein the parties hereto agree as follows:
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PURPOSE
1.01 The purpose of the Intecrated Law and Justice Acencv for Orance
County ()WAOC), is to cooperate with each Member Agency in the exercise of e
some or all of their powers to establish a separate agency to facilitate the
integration and sharing of criminal justice information/data in the manner set forth in
this Agreement.
1.02 Each Member Agency expressly retains all rights and powers to
finance, plan, develop, construct, equip, maintain, repair, manage, operate, and
control equipment, facilities, properties, projects, and information that it deems in its
sole discretion to be necessary or desirable for its own information system needs,
and that are authorized by the laws governing it. This Agreement shall not be
interpreted, and the (WAOC created herein, shall not have authority to impair or
control any of the Member Agencies' respective rights, powers, or title to such
equipment, facilities, properties, information, and projects, nor shall any Member
Agency be required to provide additional personnel, equipment, or services to the
)WAOC, which are not already a part of the Member Agency's current operational
costs, or which requires them to modify their non-IWAOC systems or services, e
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without their consent and full cost reimbursement from other Member Agencies or
other revenue sources.
1.03 Each Member Agency expressly retains all rights and powers to use
other funds or funding sources to finance, plan, develop, construct, equip, maintain,
repair, manage, operate, and control equipment and facilities for their information
services. Nothing in this Agreement shall be construed to require a Member
Agency (i) to disclose any information that the Member Agency determines, in its
sole discretion, it does not have the ability or authority to disclose, or (Ii) to do any
act that the Member Agency determines, in its sole discretion, is contrary to law or
public policy.
1.04 The ILJAOC is intended to provide criminal justice and law
enforcement officials who have a need and right to know, with comprehensive,
timely, and accurate information about a criminal suspect or offender, including
e identity, criminal history, and current justice status. In addition, it is intended to:
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a)
Allow criminal justice practitioners to maintain legacy databases
and share only information that has been agreed upon in advance
by a majority vote of the Board or the individual agency affected.
Reduce redundant document preparation, data entry, transmission,
and storage.
Strive to identify and achieve common interests to enhance public
safety and due process.
Maintain individual privacy rights, preserve protections agencies
have for public records and promote appropriate access controls
and security.
Support the development of effective criminal justice policy in
keeping with the objectives of the Orange County Integrated Law &
Justice Strategic Plan ("Strategic Plan") adopted by the Orange
County Chiefs & Sheriff's Association in April of 2001, and any
b)
c)
d)
e)
3
f)
amendments to that plan as approved by a majority vote of the
Board.
Strive for the compatibility of automated systems and processes
among the various components of the Orange County Criminal
Justice System.
Acknowledge that each Member Agency is responsible for internal
agency security for their records, technical support, etc.
Recognize that in order to achieve overall success, resources
(personnel, software, hardware, etc.), will be shared willingly and in
some cases unequally by the Member Agencies, as long as that
cooperation does not adversely impact the mission of the sharing
member.
Allow the Member Agencies to work together to implement the
adopted Strategic Plan (and subsequent amendments to that
plan), for an Integrated Law & Justice System through the
information sharing which will result from that collaborative effort.
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g)
h)
i)
1.05 Member Agencies are not required to seek approval from the
IWAOC to purchase, install, or modify their own (non-IWAOC owned) equipment,
services, or work performed in conjunction with any legislative mandate/authority
granted to or required of Member Agencies in order to carry out their respective
responsibilities. Furthermore, the (WAOC has no power or authority to control,
interfere with, or inhibit Member Agencies from conducting their own intemal
business and/or providing their own (non-IWAOC owned) resources or services to
other entities, which mayor may not be members of or served by the IWAOC. Any
changes to software or additional hardware that have been integrated into a
Member Agency's existing infrastructure as part of a requirement to implement the
initiatives as approved by the JPA Advisory Board, will become the sole property of
that Member Agency, when without those enhancements, the agency could no
longer operate the~r systems independent of the JPA.
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their internal systems or processes without approval of the IWAOC, as long as
those modifications do not inhibit the exchange of offender data and systems
implemented and/or funded by the prior action of the IWAOC. Notwithstanding
anything to the contrary herein, a Member Agency shall have no obligation to seek
approval from the ILJAOC for any modification to that Member Agency's intemal
systems or processes that is mandated by the State, or by any law or regulation
governing the affected member Agency.
1.07 In gathering and sharing information, and in all other respects in
performing acts related to this Agreement, the parties will comply with all applicable
laws, rules, and regulations.
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II
CREATION OF THE INTEGRATED LAW 8& JUSTICE AGENCY OF ORANGE
COUNTY
2.01 By this Agreement, the Member Agencies hereby create a separate
legal entity to be known as the Intecrated Law & Justice Acencv of Orance County
("IWAOC"). The Member Agencies may agree on a different name for the IWAOC.
2.02 The IWAOC shall possess in its own name and the Member
Agencies delegate to it, the following enumerated powers:
a)
To make and enter into contracts consistent with this
Agreement, including, but not limited to, contracts to purchase
and/or dispose of supplies and equipment to carryout the
implementation of the Strategic Plan and any adopted
amendments to that plan.
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b)
c)
d)
e)
f)
g)
To receive compensation, gifts, contributions, and donations of
property, funds, services, and other forms of financial
assistance from persons, firms, corporations, and any
govemmental entity.
To sue and be sued in its own name.
To apply for an appropriate grant or grants under any Federal,
State, or local programs for assistance in developing any of its
programs or providing services to other public entities.
To appoint committees, adopt rules, regulations, policies, by-
laws, and procedures governing the operation of the IWAOC.
To add Member Agencies to the IWAOC as approved by the
IWAOC Board and the existing Member Agencies, and
execute agreements and resolutions consistent with the terms
of this Agreement.
To appointlhire officers, employees, or agents.
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2.03 Said powers shall be exercised in the manner provided by California
law, including, without limitation, the Joint Exercise of Powers provisions of
Government Code section 6500, et seq., and, except as expressly set forth
herein, the Treasurer/Collector shall be subject to the restrictions upon the
manner of exercising such powers as are imposed upon the Member Agency
whose employee or officer is designated as the IWAOC Treasurer/Controller
pursuant to section 3.13 below. The Member Agency's Treasurer/Controller
appointed by the Governing Board shall serve a minimum three-year term at the
discretion of the Board, so as to minimize any disruptions in carrying out hislher
responsibilities.
2.04 Except as provided herein, the member agencies agree that all
supplies and equipment purchased by the IWAOC shall be owned and controlled
by the ILJAOC as its sole and separate property and not as property of any
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2.05 The IWAOC shall operate as a separate legal entity and incur debt,
separate and apart from the Member Agencies, and that its debts, obligations,
and liabilities are its own and not that of the Member Agencies, except as
specifically provided for herein.
1\1
ORGANIZATION
3.01 The membership of the IWAOC shall be the original Member
Agencies, and any additional Agencies as approved by the Members which have
executed this Agreement, and any subsequent amendments thereto, and that have
not withdrawn from the IWAOC.
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3.02 The IWAOC shall be govemed by a Board consisting of six (6)
Member Police Chiefs each elected for a three-year term by the Orange County
Chiefs' & Sheriff's Association along with one designated alternate, to represent
those Member Agencies with Police Departments. In addition to the Police Chief
representatives, other voting members will be the Presiding Judge of the Orange
County Superior Court, the Chief Executive Officer of the Court, three (3) City
Manager representatives elected for three-year terms by the Orange County City
Managers Association, with at least one (1) of those representatives being from a
.contract city" in the County. Each Board member, or in the absence of a Board
member, an alternate designated in advance by each said Board Member, shall
have one vote on all matters before the Board. Such alternate members may be
replaced from time to time at the appointing Board Member's discretion. All Board
Members may be removed without cause by their respective appointing authorities.
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3.03' In order to ensure efficiency with other related Criminal Justice
System practices in the County and with the approval of the voting members, the
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Board, in its discretion, may also include non-voting members from County of
Orange as follows: the Sheriff, District Attorney, Chief Probation Officer, Public
Defender, and one (1) representative from the County Executive's Office who will
serve at the CEO's pleasure.
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3.04 Each voting Board member shall hold office until a successor is
selected, elected, hired or appointed, as the case may be, under the powers of this
Agreement and each Member Agency. The term of a Board member or altemate
(both voting and non-voting) who is a public official or employee of a Member
Agency shall terminate upon such Board Member leaving his or her position with
the Member Agency. The vacancy of such a member who has left his or her
position shall automatically be filled by selection, election, or appointment, as the
case may be; according to the selection process adopted by this Agreement and
the Member Agency whose representative has left his or her position.
3.05 Board members and alternates shall not receive compensation for e
their service on the IWAOC Board, but may be reimbursed by the ILJAOC for
reasonable expenses incurred in conducting the business of the IWAOC, as
provided in this Agreement, when the expenses are not paid or reimbursed by the
employing Member Agencies.
3.06 The principal office of the IWAOC shall be established by the
Board and shall be located within the County of Orange. The Board may change
the principal office from one location to another within the County of Orange. Any
change of address shall be noted by the Board but shall not be considered an
amendment to this Agreement.
3.07 The Board shall meet at a location as may be designated by the
Board. The time and place of regular meetings of the Board shall be determined by
resolution adopted by the Board. A copy of such resolution shall be fumished to
the Member Agencies. All meetings of the Board, including regular, adjourned, and e
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special meetings, shall be called and held in a manner as provided in the Ralph M.
Brown Act, Chapter 9, Division 2, Title 5 of the Califomia Government Code
commencing with section 54950 et seq., as amended.
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3.08 All of the powers and authority of the IWAOC shall be exercised by
the Board unless specifically delegated to the extent permitted by law or reserved
to the Member Agencies under this Agreement. Unless otherwise provided herein,
each Board Member shall be entitled to one (1) vote. Except as otherwise provided
herein, a majority of the full membership of the Board or their altemate present at a
properly noticed meeting, shall constitute a quorum for purposes of transacting
business. A majority vote of that quorum may adopt any motion, resolution, or
order and take any other action appropriate to carry forward the objectives of the
IWAOC pursuant to this Agreement, with the exception of the adoption of the
budget or other appropriations in excess of the adopted budget as outlined in
Section 4.04 of this agreement, when a two-thirds majority of the entire
membership or their alternates is required for approval.
3.09 The Board shall designate a recording secretary to establish,
distribute, and post agenda notices as required by law, keep the minutes of all open
meetings of the Board, and cause a copy of such minutes to be forwarded to each
Member Agency within a reasonable time after each meeting.
3.10 The Board may adopt from time to time policies, rules, and
regulations for the conduct of its administrative affairs and that of the IWAOC as
may be required and consistent with this Agreement.
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3.11 Where this Agreement requires an approval of a resolution by any
Member Agencies in any matter, the approval shall be evidenced by a certified
copy of the resolution or ordinance of the governing body of such Member Agency
filecj with the IWAOC. It shall be the responsibility of the Board to provide certified
copies of said actions.
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3.12 On an annual basis, the Board shall elect two Board members to act
as Chair and Vice-Chair of the Agency for the purpose of conducting the Board
meetings and performing other duties as required. The Vice-Chair may carry out all
the duties of the Chair in hislher absence.
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3.13 The Board shall appoint an officer or employee of a Member Agency
to hold the offices of Treasurer and Controller ("Treasurer/ControUel"), whose
duties shall be in conformance with Govemment Code sections 6505 and 6505.5
and whose salary, if any, shall be established by the Board. The
Treasurer/Controller shall also administer all contracts subsequent to the Board's
approval and shall contract with a certified public accountant to make an annual
audit of the accounts and records of the IWAOC as provided in Government Code
section 6505. The annual audit shall be submitted to the Board and each Member
Agency when completed. The budget, covering a budget cycle set by the Board,
shall be prepared by the Treasurer/Controller for the approval by the Board. The
IWAOC's investment policies shall be the policies of the Member Agency of the
Treasurer/Controller as those may be modified by the Board of the IWAOC. The
cost of the Treasurer/Controller in carrying out hislher duties, including, with
limitation, any outside professional services, shall be reimbursed by the IWAOC.
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3.14 The Board shall have the power to appoint/hire additional officers,
employees, or agents. Any officer, employee, or agent of the IWAOC who is an
officer, employee, or agent of any of the Member Agencies will continue to be
subject to the Member Agency's personnel system. However, the IWAOC may hire
employees that are subject to the personnel system of the ILJAOC and said
employees would not be employees of any Member Agency. Any person from any
Member Agency appointed by the Board to fulfill a staff position with the IWAOC
shall possess appropriate qualifications to carry out his or her responsibilities.
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3.15 The City Attomeys or their Deputies of the Member Agencies may
generally serve as counsel to the IWAOC, to the extent agreed to by the respective
Member Agency and permitted by such waivers of conflicts of interest to authorize
such representation as may be executed by such Member Agency and the IWAOC
Board. The specific and ongoing duties of legal counsel to the IWAOC may be
rotated no less than annually; however, preferably for a term consistent with the
Treasurer/Controller appointment and shall be on a voluntary basis. The
assignment of one of those individuals to perform the required duties shall be
solicited from the legal counsels of the Member Agencies, and is subject to the final
approval of the IWAOC Board.
3.16 The officers shall perform all duties customary and appropriate to
their respective offices and:
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a)
After approval by the IWAOC Board, the presiding officer shall
sign all contracts on behalf of the IWAOC Board.
The secretary shall perform such duties as assigned by the
Board and shall keep minutes of the Board meetings.
The Treasurer/Controller shall be bonded in the amount to be
determined by the Board and the bond fee shall be paid by the
IWAOC. The Treasurer/Controller shall perform the duties as
set forth in Sections 3.12, 4.02, 4.03, 4.04, 4.05, 4.09, 4.10
and 4.11.
b)
c)
3.17 The Board may appoint a Project Manager by contract or otherwise
to oversee day-to-day operations of the ILJAOC. The Project Manager shall
manage the daily operations of the IWAOC and supervision of any other IWAOC
employees.
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. 3.18 All of the privileges and immunities from liability, exemption from
laws, ordinances and rules, all relief, pension, disability, worker's compensation,
11
and other benefits which apply to the activities or omissions of officials, officers,
employees, volunteers, or agents of any of the Member Agencies when
performing their respective functions for their respective Member Agency shall
apply to such person(s) to the same degree and extent while they are assigned
to the IWAOC to perform and are performing any of the functions and other
duties of the ILJAOC pursuant to authority granted by this Agreement. None of
the officials, officers, agents, volunteers, or employees of a Member Agency
appointed to the Board or performing services at the direction of the IWAOC
shall be deemed by reason of their appointment or service to be employed by
any of the other Member Agencies or the IWAOC or be subject to any of the
requirements of the other Member Agencies.
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IV
BUDGET AND DISBURSEMENTS
4.01 The Board shall adopt a budget for the ensuing fiscal year(s)
pursuant to procedures developed by the Board. At the conclusion of each fiscal
year, the Treasurer/Controller shall make a report to the Board regarding the
excess or deficiency of revenues over (or under) expenditures. Such report shall
include "budget to actual" comparisons based upon the previously adopted
budget. Upon receipt of the report, the Board shall determine what extent, if any,
unexpended budgetary appropriations shall be re-appropriated or whether any
excess of revenues over expenditures shall be allocated or expended.
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4.02 The Treasurer/Controller shall draw warrants upon the approval
and written order of the Board or the Board's Project Manager. The Board shall
requisition the payment of funds only upon approval of such claims or
disbursements and such requisition for payment in accordance with rules,
regulations, policies, procedures, and by-laws adopted by the Board.
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4.03 An funds received by the Treasurer/Controller for services provided
by the IWAOC, will be placed in object accounts, and the receipt, transfer, or
disbursement of such funds during the term of this Agreement shall be accounted
for in accordance with generally accepted accounting principles applicable to
governmental entities. There shall be strict accountability of all funds. All
revenues and expenditures shall be reported to the Board on a quarterly basis,
unless otherwise required by the Board.
4.04 All expenditures within the approved budget shan be made upon
the approval of the Treasurer/Controller in accordance with the rules, policies,
and procedures adopted by the Board. No expenditure in excess of those
budgeted shall be made without the two-thirds majority approval of the entire
Board and the budget shall thereafter be revised and amended.
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4.05 The records and accounts of the IWAOC shall be audited annually
by an independent certified public accountant and any cost of the audit shall be
paid by the IWAOC. The minimum requirements shall be those prescribed by
the State Controller under California Government Code section 26909 and in
conformance with generally accepted auditing standards. Copies of such audit
report shall be filed with each Member Agency no later than fifteen (15) days
after receipt of said audit by the Board.
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4.06 The Member Agencies have agreed by resolution through their
respective Governing Authorities to fund on a shared basis, the costs of the
ILJAOC operations, and capital in excess of any grant funds, through annual
budget appropriations. Each Member Agency's agreement to provide such funds
in fiscal years after the fiscal year in which this Agreement is executed, is
contingent upon appropriation by the governing body of that Member Agency of
sufficient funds for that purpose. The subject resolutions shall not limit the
autbority of each Member Agency to cease appropriations for the IWAOC
operations as determined by their respective Governing Authorities, provided,
13
however, that a decision to cease appropriations shall be subject to the terms of e
Section 6.02 below. In addition, where the ILJAOC has an obligation under the
terms of this agreement to reimburse a !'IIember Agency for providing personnel,
equipment, and/or services to the IWAOC, the Member Agency providing such
personnel, equipment, and/or services may waive its right to reimbursement.
When a Member Agency incurs costs eligible for reimbursement under the terms
of this agreement, those costs shall include only those, which are not part of the
Member Agency's pre-existing infrastructure/operation, prior to the effective date
of this Agreement. They also shall not include overhead charges. Costs for the
IWAOC operations referenced in accordance with Section 4.06 shall be shared
as follows:
a)
Member Agencies with Municipal Police Departments as
determined on a per capita basis = an amount not to exceed 95%.
The Superior Court of California, County of Orange = an amount
not to exceed 5%.
c) The University of California Police Department = An amount not to
exceed 1 %
b)
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4.07 The Member Agencies acknowledge and agree that the ILJAOC
will act as a conduit for the management, direction, and provision of integrated
services to the Member Agencies and to other public agencies that contract with
ILJAOC for such services.
4.08 Based on information provided by the Project Manager or other
designated representative of the ILJAOC, the Treasurer/Controller shall keep a
written account of any services provided to other public agencies by the IWAOC.
All revenues received from other public agencies contracting or receiving
services from the ILJAOC for services shall be used to offset the costs incurred
by the IWAOC. The Governing Board shall determine whether those funds shall
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14
e be placed in a Capital Reserve or otherwise allocated in the Agency's Budget
and/or projected costs to Member Agencies.
4.09 In establishing rates for services to public agencies, the Board shall
assure that the contracts for such services provide for the reimbursement of the
actual expenses of providing all services of the IWAOC, including insurance
coverage for the IWAOC's personnel and equipment. Payment for the IWAOC
services by contracting public agencies shall be made on a monthly basis, or no
less frequently than on a quarterly basis (unless paid in advance) to the
Treasurer/Controller of the ILJAOC. The Treasurer/Controller shall provide a
written monthly account to the Board of all revenues and expenses of the
IWAOC services to other public agencies.
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4.10 The IWAOC budget shall include the provIsion for a Capital
Replacement fund that will provide for, among other things, the replacement of
the equipment owned and operated by the IWAOC. The IWAOC Board annually
shall recommend to the Member Agencies amounts needed for Capital
Replacement. The amount of the provision for Capital Replacement in each
IWAOC annual budget will depend on the amounts appropriated by the Member
Agencies for such purposes during each fiscal year. Said funds shall be
transferred to the IWAOC monthly by the Member Agencies for deposit in the
IWAOC's Capital Replacement fund. The actual purchase of new equipment
and disposal of unneeded equipment shall be done whenever determined
appropriate and justified by the Board.
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4.11 All revenues derived from service contracts with other public
agencies shall be maintained in a separate revenue account for the IWAOC.
The Treasurer/Controller shall be responsible for accounting for all such revenue.
The Board shall be responsible for determining the appropriate allocation of such
funds as pa'rt of the budget adoption process.
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V
LIABILITIES
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5.01 Except as provided in Section 8.05, the IWAOC and the Member
Agencies agree, to the extent allowed by law, that the Member Agencies shall be
fully protected from any loss, injury, liability, damage, claim, lawsuit, cost, or
expense arising out of, or in any way related to, the performance of this
Agreement by the IWAOC. Accordingly, the provisions of this Agreement should
be broadly construed in favor of protection for the Member Agencies and
interpreted to provide the fullest possible protection to the Member Agencies and
Member Agency's officials, officers, agents, volunteers, and employees. ILJAOC
acknowledges that the Member Agencies would not have entered into this
Agreement in the absence of the commitments of the IWAOC as specified in this
Article V.
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5.02 The Member Agencies acknowledge that each Member Agency
may be assigning its own personnel to a cooperative pool of personnel to provide
service to the IWAOC. The IWAOC shall be solely responsible for and retain all
debts, liabilities, and other obligations for all activities of the IWAOC, and shall
maintain sufficient insurance coverage in effect at all times to cover any such
claim, loss, liability, or obligation, as recommended by the ILJAOC Risk Manager
and approved by the Board.
5.03 Except as provided in Section 8.05, the IWAOC shall protect,
defend, indemnify, and hold free and harmless the Member Agencies and their
respective elected and appointed boards, officials, officers, agents, volunteers,
and employees from and against any and all liabilities, damages, loss, cost,
claims, expenses, actions, or proceedings of any kind or nature caused by
IWAOC employees or employees of Member Agencies who are performing
IWAOC functions, including, but not by way of limitation, injury or death of any
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person, injury or damage to any property, including consequential damages and
attorney's fees and costs, resulting or arising out of or in any way connected with
the negligent acts or failure to act in the course and scope of carrying out their
responsibilities in the performance of their duties to the IWAOC. In addition, and
without limiting the foregoing indemnification obligation, the IWAOC will maintain
sufficient insurance coverage in effect at all times as recommended by their Risk
Manager, to cover any such damage claim, loss, cost, expense, action,
proceeding, liability, or obligation.
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5.04 Any contract with a non-member public agency ("non Member
Agency") receiving services pursuant to this Agreement shall include a mutual
indemnification provision wherein the non Member Agency and the ILJAOC shall
mutually agree to defend and indemnify the other in an amount equal to its
proportionate share of liability on a comparative fault basis. The contract shall
also provide: 1) That the indemnity obligation shall exist with respect to any
claim, loss, liability, damage, lawsuit, cost, or expense that arises out of, or is in
any way related to, the performance of services pursuant to the contract; and 2)
The obligation of the non Member Agency and the ILJAOC pursuant to the
indemnification provision will extend, without limitation, to an injury, death, loss,
or damage which occurs in the performance of the contract and that is sustained
by any third party, any agent, or contractor of the non Member Agency or the
IWAOC.
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5.05 Member Agencies shall be responsible for the continued provision
of worker's compensation coverage for the officers or employees of the Member
Agencies that are assigned to provide services to the ILJAOC and/or serve as
officers or employees of the IWAOC. In this regard, each Member Agency shall
defend, indemnify, and hold harmless the IWAOC and any other Member
Agencies, and their respective officials officers, employees, contractors, agents,
and representatives with respect to any claim, loss, liability, damage, lawsuit,
cost, or expense, including attorney's fees and costs, that arises out of, or is in
17
any way related, to any industriaVworker compensation injury sustained by an e
officer or employee of the indemnifying Member Agency during the performance
of service to the IWAOC or the other Member Agencies under this Agreement.
5.06 IWAOC shall employ the principles of sound risk management in its
operations. Risks of loss shall be identified, evaluated, and treated in a manner
that protects the IWAOC and each Member Agency from adverse financial
consequences. This may be accomplished in part through the purchase of
appropriate commercial insurance.
The Risk Manager, or his/her designee, of one Member Agency shall be
designated by the Board, with the consent of the Member Agency, as the
"IWAOC Risk Manager" and shall act in an advisory capacity to the ILJAOC
Board to provide guidance in the area of risk management, loss control,
insurance procurement, and claims management. The ILJAOC Risk Manager
will be responsible for maintaining the original insurance policies and other risk e
management and insurance documents.
During the term of this Agreement, the ILJAOC shall purchase and
maintain sufficient amounts of commercial insurance coverage at the equally
shared cost to the Member Agencies. The types, limits, retention levels,
deductibles, policy forms, and carriers providing the above required insurance
coverage's shall be recommended by the ILJAOC Risk Manager to the Board for
its approval, consistent with this agreement.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.01' Additional public agencies may become Member Agencies of the _
ILJAOC upon such terms and conditions as are determined by the Board and .
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upon the unanimous consent of the existing Member Agencies as evidenced by
approval of resolutions therefore and the execution of a written amendment to
this Agreement by all of the Member Agencies, including the additional Member
Agency.
6.02 Member Agencies have the right to withdraw from the IWAOC.
Such withdrawals, either voluntarily or involuntarily shall be conditioned as
follows:
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c)
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a)
Involuntary withdrawal shall mean those circumstances
where a Member Agency must withdraw due to fiscal or
budgetary impact of that Member Agency that results in the
discontinuance or reduction of the funding for personnel,
services, or equipment by that Member Agency.
In the case of a voluntary withdrawal, written notice shall be
given one hundred eighty (180) days prior to the end of a
fiscal year except that such notice requirement may be
shortened (i) by unanimous approval of the Board members
present at the meeting at which the Board considers
shortening the notice requirement., or (i1) upon breach of this
Agreement by the IWAOC or any Member Agency, in which
case the withdrawing Member Agency may withdraw
effective at any time.
Neither voluntary nor involuntary withdrawal shall relieve the
withdrawing Member Agency of its obligations for its
proportionate share of any debts or other liabilities incurred
by the IWAOC prior to the effective date of the Member
Agency's withdrawal (with the exception of new purchases of
capital equipment after the date of the Member Agency's
notice of withdrawal), nor any liabilities imposed upon or
incurred by the Member Agency pursuant to this Agreement
b)
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d)
e)
prior to the effective date of the Member Agency's
withdrawal.
The withdrawing Member Agency shall retain all rights and
claims relating to revenues received by the ILJAOC during
the time period that the Member Agency provided personnel,
services, or equipment under the IWAOC direction.
The withdrawing Member Agency shall be entitled to remove
its personnel and any equipment whose title was not
transferred in writing to the IWAOC from the possession and
control of the ILJAOC, regardless of the impact on the
IWAOC or its continued operation. The withdrawing
Member Agency may also recover any other equipment no
longer needed by the ILJAOC, including equipment it
previously transferred to the IWAOC, according to the terms
and conditions determined by the Board in its sole discretion
to be fair and equitable. The IWAOC Board may choose to
exempt a Member Agency from any of the listed conditions,
but may not impose any conditions other than those listed.
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VII
TERMINATION AND DISPOSITION OF ASSETS
7.01 The IWAOC shall continue to exist and exercise the powers herein
until this Agreement is terminated by a .vote of two-thirds of the entire Board;
provided, however, that no termination shall be complete and final until the
ILJAOC has satisfactorily disposed of all financial obligations and claims,
distributed all assets, and performed all other functions deemed necessary by
the Board to conclude the affairs of the IWAOC.
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7.02 Termination shall occur upon:
a) The written consent of all Member Agencies; or
b) Upon the withdrawal from the IWAOC of a sufficient number of the
Member Agencies that results in a lack of effectiveness as
determined by a two-thirds vote of the remaining Board Members;
and
c) Full satisfaction of all outstanding financial obligations of the
IWAOC; and
d) All other contractual obligations of the ILJAOC have been
satisfied.
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7.03 In the event of the termination of this Agreement, any funds
remaining following the discharge of all obligations shall be disposed of by
returning to each current Member Agency of the ILJAOC immediately prior to
the termination of this Agreement, a share of such funds proportionate to the
contribution made to the IWAOC by said Member Agency, to the extent
determined by the Board in its sole discretion to be fair and equitable.
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7.04 Notwithstanding any other provisions of the Agreement, the
Member Agencies agree to abide by the following procedure for selling of
equipment in the event the Agreement is terminated. The equipment shall be
given a fair market value by an appraiser agreed upon by the Board. Before the
equipment is sold on the open market, the Member Agencies each shall have
the right to purchase the equipment at a' price and under terms as agreed upon
by the Board which may include a financing arrangement for the purchaser to
allow for a transition period after the termination of this Agreement. If an
agreement cannot be reached concerning a purchase of the equipment, then it
shall be sold on the open market. Proceeds from the sale of equipment upon
termination of the Agreement shall be distributed to the Member Agencies in a
manner consistent with the cost-sharing format ouUined in Paragraph 4.06 (a),
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(b), and (c) of this Agreement, and any modifications to that formula adopted by e
the Board.
VIII
MISCELLANEOUS
8.01 Amendments.
This Agreement may be amended with the unanimous approval of all
Member Agencies; provided, however, that no amendment may be made that
would adversely affect the interests of the owners of bonds, letters of credit, or
other financial obligations of the ILJAOC.
8.02 Notices.
Any notice or instrument required to be given or delivered by depositing
the same in any United States Post Office, registered or certified, postage e
prepaid, addressed to the Member Agencies, shall be deemed to have been
received by the Member Agency to whom the same is addressed at the
expiration of five (5) days after deposit of the same in the United States Post
Office for transmission by registered or certified mail as aforesaid.
8.03 Effective Date.
This Agreement shall be effective at such time as this Agreement has
been executed by the majority of the voting Member Agencies enumerated in the
introduction of this Agreement.
8.04 Conflicts of Interest.
No official, officer or employee of the IWAOC or any Member Agency shall
have any financial interest, direct or indirect, in the ILJAOC. Nor shall any such
offic~r or employee participate in any decision relating to the IWAOC that affects
his or her financial interests or those of a corporation, partnership, or association
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in which he or she is directly or indirectly interested, in violation of any State law
or regulation.
8.05 Mediation
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a) Any controversy or claim between any Member Agencies, or
between any such Member Agency or Member Agencies
and the IWAOC, with respect to the ILJAOC's operations, or
to any claims, disputes, demands, differences,
controversies, or misunderstandings arising under, out of, or
in relation to this Agreement, shall be submitted to and
determined by mediation.
b) The Member Agency desiring to initiate mediation shall give
notice of its intention to every other Member Agency and the
IWAOC. Such notice shall designate such other Member
Agencies as the initiating Member Agency intends to have
bound by any award made therein.
c) . Each Member Agency involved in the mediation shall bear
its own legal costs, including attorney fees.
8.06 Partiallnvaliditv
If anyone or more of the terms, provisions, sections, promises, covenants
or conditions of this Agreement shall to any extent be adjudged invalid,
unenforceable or void for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provisions, sections, promises,
covenants and conditions of this Agreement shall not be affected thereby and
shall be valid and enforceable to the fullest extent permitted by law.
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8.07 Successors
This Agreement shall be binding upon and shall inure to the benefit of the
successors of the Member Agencies hereto.
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8.08 Assionment
A Member Agency shall not assign any rights or obligations under this
Agreement without the written consent of all other Member Agencies.
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8.09 Execution
The Governing Authorities of the Member Agencies enumerated herein
have each authorized execution of this Agreement, as evidenced by the
authorized signatures below, respectively.
8.10. Entire Acreement
This Agreement, supersedes any and all other agreements whether oral or
written, between the parties hereto with respect'to the subject matter hereof and
contains all of the covenants and agreements between the parties with respect to
said matter, and each party to this Agreement acknowledges that no
representations, inducements, promises, or agreements, orally or otherwise, have _
been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that any other agreement or modification of this Agreement
shall be effective only if executed in writing and signed by the IWAOC and all
Member Agencies.
Dated:
Interim City Manager
ATTEST:
APPROVED AS TO FORM:
City Clerk
City Attomey
IlllM102Version Rev: 08/tlW5, 12-12-05 & 1.22-07 V2
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